Is a Website Posting Enough to Change Site's Terms of Use? - Ninth Circuit Says No

Last week, the US Court of Appeals in the Ninth Circuit released a decision, finding that the operator of a web site had not given its customers adequate notice of the change in the terms of use of its website. The site had posted the changes on its website, but had not provided specific notice of the changes (though emails, letters or even click through notices) to adequately assure that the user was aware of the changes or had consented to those changes. A post on our firm”s Privacy and Security Blog explains the meaning of this decision to web site operators, and suggests ways in which the operators of web sites can avoid the issues raised by the court decision. For broadcasters or other companies hosting websites, who may from time to time change the terms of use of the site, it worth reading the explanation of the decision as posted on our Privacy and Security blog.

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